Antony Kim

Antony Kim

Orrick, Herrington & Sutcliffe LLP

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HIPAA Security Requirements Aren't Cloudy, Especially to Whistleblowers

Earlier this month, the U.S. Department of Health and Human Services Office for Civil Rights (HHS OCR) announced that it had entered into a settlement agreement with St. Elizabeth's Medical Center (SEMC) in Brighton,...more

7/31/2015 - Compliance Corporate Governance Corrective Actions Cybersecurity Data Security De-Identified Protected Health Information DOJ EHR Enforcement Actions HHS HIPAA OCR Personally Identifiable Information Security Rule Settlement

EU/Swiss-U.S. Safe Harbor: More Scrutiny by the FTC?

On May 29, 2015, the Federal Trade Commission ("FTC") announced the approval of the final orders for two U.S. companies, TES Franchising, LLC ("TES") and American International Mailing, Inc. ("AIM"), settling complaints that...more

6/22/2015 - Arbitration Binding Corporate Rules Compliance Data Protection Dispute Resolution EU FTC Germany International Data Transfers Mediation Safe Harbors Section 5 Switzerland U.S. Commerce Department UK Unfair or Deceptive Trade Practices

Going for Brokerages: FINRA and SEC Take Aim at Deficient Cyber Policies and Practices

On Feb. 3, the Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA) each released reports regarding cybersecurity issues for brokerage and advisory firms, both of which should be...more

6/18/2015 - Broker-Dealer Brokers C-Suite Executives Cybersecurity Enforcement FINRA Industry Examinations Information Reports Investment Adviser OCIE Popular Risk Assessment SEC

Roadmap Offers Important Insights on How to Prepare for FTC Data Breach Investigations

On May 20, 2015, Federal Trade Commission Assistant Director Mark Eichorn of the Bureau of Consumer Protection’s Division of Privacy and Identity Protection (DPIP) offered an inside look into the FTC’s investigative process...more

5/28/2015 - Assessment Data Breach Enforcement Actions FTC Internal Investigations Privacy Policy

Standing Your Ground: Supreme Court to Consider Standing Question Important in Data Breach Class Action Litigation

On April 27th, the United States Supreme Court granted certiorari in Spokeo, Inc. v. Robins, to consider a question critical to the viability of data breach class actions: standing. Since the Court’s most recent standing...more

4/29/2015 - Article III Clapper v. Amnesty International Class Action Data Breach FCRA SCOTUS Split of Authority Spokeo v Robins Standing

Court Says Cyber Forensics Covered by Legal Privilege

The Middle District of Tennessee recently issued a key decision in the ongoing Genesco, Inc. v. Visa U.S.A., Inc. data breach litigation. The court denied discovery requests by Visa for analyses, reports, and communications...more

4/24/2015 - Attorney-Client Privilege Confidentiality Cyberforensics Cybersecurity Data Breach Discovery e-Discovery Popular Risk Mitigation Work Product Privilege

United States Goes on the Offensive Against International Cybercrime - 2015 Cybersecurity Executive Order

On April 1, President Obama signed an Executive Order to combat the "national emergency" sparked by a rapidly evolving global cybercrime environment. The Executive Order directs the U.S. Treasury Department to impose...more

4/14/2015 - Asset Freeze Barack Obama Blocked Entities Blocked Person Cyber Attacks Cyber Crimes Cybersecurity Executive Orders National Security Popular Sanctions SDN List U.S. Treasury

Obama Administration Announces Cybersecurity and Privacy Initiatives

On Monday, January 12, 2015, President Obama appeared at the Federal Trade Commission to announce the administration’s blitz of cyber security and privacy legislative and public policy initiatives, which will be discussed in...more

1/21/2015 - Barack Obama Breach Notification Rule CFAA Consumer Privacy Bill of Rights Domestic Policy Information Sharing Personal Data Privacy and Security Act RICO

FTC Assesses $800,000 Fine Against Mobile App Operator and Issues Mobile Privacy and Security Guidance

The Federal Trade Commission has emphasized in the past that general privacy protections in the website space apply equally to mobile services, but a new FTC Staff Report released on Friday hones in on some privacy...more

2/11/2013 - Address Book App Developers COPPA Data Collection Data Protection FTC Mobile Apps Notice Requirements Parental Consent Path Inc. Personally Identifiable Information Privacy Policy Settlement Social Networks Transparency

Recent Privacy Developments: California AG Continues to Lead on Mobile with New Recommendations and FTC Amends COPPA

Nearly all businesses today are involved in some way in the development or distribution of mobile applications. The first part of this Client Alert highlights recent activities of the California State Attorney General to...more

1/15/2013 - Advertising App Platform Providers Attorney Generals COPPA Data Collection Enforcement FTC Kamala Harris Mobile Apps Mobile Ecosystems Notice Requirements Online Privacy Protection Act Parental Consent Personally Identifiable Information Privacy Policy

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